GANGANAGAR DISTRICT CRICKET ASSOCIATION Vs. RAJASTHAN CRICKET ASSOCIATION

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioner Association with the following prayers:

(2.) On behalf of Rajasthan Cricket Association, Mr. Rajesh Joshi put in appearance. Mr. Kamal Dave put in appearance on behalf of respondent No. 2 and Mr. M.C. Bhoot turned appearance on behalf of respondent No. 4 Sanjay Singh Meel. Having put in appearance through their counsel, respondents No. 1, 2 and 4 raised following preliminary objections with regard to maintainability of the writ petition:

(3.) Learned counsel for the respondents specifically pleaded in the form of preliminary objection in his reply that respondent No. 3 Rajasthan Cricket Association is not State within the meaning of Article 12 of the Constitution of India. The entire working is managed by elected office bearers and none of them is nominated by the State Government. It is also specifically pleaded that neither the State Government nor any officer of the State Government is impleaded as respondent in the array of respondents, therefore, this writ petition deserves to be dismissed on the ground that Rajasthan Cricket Association is an independent body and State Government has not contributed any kind of financial assistance or fund so that answering respondent does fall within the category of Article 12 of the Constitution of India. Therefore, this writ petition deserves to be dismissed. Two groups of District Cricket Association, Sriganganagar are raising dispute which is in between them. As such disputed question of fact is involved which has been decided in the arbitration proceedings, therefore, for the reasons mentioned above, it is clear that the respondent Association is not State within the meaning of Article 12 of the Constitution of India and, accordingly, no writ can be issued against the Rajasthan Cricket Association.